Raghunath Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24949 of 2020 Arising Out of PS. Case No.-1066 Year-2019 Thana- AHIYAPUR District- Muzaffarpur ====================================================== RAGHUNATH SAH Son of Ram Bilas Sah Resident of Village- Bikhanpur, P.S.- Ahiyapur, District- Muzaffarpur.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR Bihar 2.

Kumari Punam Verma Wife of Arun Shankar Chainpuri Resident of Mohalla- Laxmi Narayan Nagar, Bela, Lane No.1, P.S.- Mithanpura, District- Muzaffarpur presently residing at Village- Bhikhanpur, P.S.- Ahiyapur, District- Muzaffarpur.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. N.K. Agarwal, Sr. Adv.

For the Opposite Party/s :

Mr. Ram Priya Sharan Singh, APP For the Informant :

Mr. Manindra Kishore Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 04-12-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Ahiyapur P.S. Case No. 1066 of 2019 for the offence under Sections 406 and 420 of the Indian Penal Code and under Section 138 of N.I. Act.

Learned counsel appearing for the petitioner submits that the petitioner is innocent and has not committed any offence. In fact, this case is counter blast case of Ahiyapur P.S. Case No. 973 of 2019 which was lodged by the petitioner for theft and misuse of his certain cheques.

Patna High Court CR. MISC. No.24949 of 2020(3) dt.04-12-2020 2/2 Moreover, the parties are having dispute relating to a piece of land for which a title suit being T.S. No. 605 of 2019 is also pending and on account of that this petitioner has falsely been implicated in this case. As a matter of fact, no chit of paper showing the loan of 40 Lakhs against the petitioner is produced anywhere by the informant which itself falsifies the allegation levelled in the F.I.R. Therefore, no case under Section 138 of the N.I. Act is made out against the petitioner. The petitioner is rotting in judicial custody since 12.05.2020. Considering the facts and circumstances of the case, let the, above named, petitioner be released on bail on furnishing his personal bond to the satisfaction of learned C.J.M., Muzaffarpur in connection with Ahiyapur P.S. Case No. 1066 of 2019.

(Arvind Srivastava, J) Brajesh/- U T